Sen. Sue Rezin
Filed: 3/3/2023
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1 | AMENDMENT TO SENATE BILL 1398
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2 | AMENDMENT NO. ______. Amend Senate Bill 1398 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Consumer Electronics Recycling Act is | ||||||
5 | amended by adding Section 1-83.5 as follows: | ||||||
6 | (415 ILCS 151/1-83.5 new) | ||||||
7 | Sec. 1-83.5. Lithium batteries; disposal; local | ||||||
8 | authorities. | ||||||
9 | (a) By March 1, 2024, the Agency shall adopt rules | ||||||
10 | requiring each manufacturer of an electric vehicle that is | ||||||
11 | sold in the State and that contains a lithium-ion battery and | ||||||
12 | each manufacturer of lithium-ion batteries sold in the State | ||||||
13 | to submit to the Agency by June 1, 2024, a plan for recycling | ||||||
14 | or repurposing the lithium-ion batteries it distributes in the | ||||||
15 | State. | ||||||
16 | (b) Notwithstanding any provision of law to the contrary, |
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1 | beginning July 1, 2024, a lithium-ion battery may not be | ||||||
2 | disposed of in a sanitary landfill or mixed recycling waste | ||||||
3 | bin in the State. | ||||||
4 | (c) The Agency shall encourage local authorities to use | ||||||
5 | separate curbside recycling collection bins for the disposal | ||||||
6 | of lithium-ion batteries. | ||||||
7 | (d) In this Section, "lithium-ion battery" has the same | ||||||
8 | meaning as defined in Section 2.09 of the Hazardous Materials | ||||||
9 | Emergency Act. | ||||||
10 | Section 10. The Hazardous Materials Emergency Act is | ||||||
11 | amended by adding Section 2.09 and by changing Sections 3, | ||||||
12 | 5.11, and 6 as follows: | ||||||
13 | (430 ILCS 50/2.09 new) | ||||||
14 | Sec. 2.09. "Lithium-ion battery" means a type of | ||||||
15 | rechargeable battery that contains lithium ions as the primary | ||||||
16 | component of its electrolyte and that is most commonly found | ||||||
17 | in cell phones, power tools, digital cameras, laptops, | ||||||
18 | children's toys, electronic cigarettes, small and large | ||||||
19 | appliances, tablets, and e-readers.
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20 | (430 ILCS 50/3) (from Ch. 127, par. 1253)
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21 | Sec. 3.
It is the purpose of this Act to require the | ||||||
22 | Illinois
Department of Transportation to adopt by regulation | ||||||
23 | the federal
hazardous materials placarding regulations |
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1 | promulgated under the
Hazardous Materials Transportation Act | ||||||
2 | (PL 93-633) for interstate and
intrastate transportation of | ||||||
3 | hazardous materials as they are applicable
in the State of | ||||||
4 | Illinois, and to recommend that units of local government | ||||||
5 | adopt regulations for hazard signage systems
applicable to the | ||||||
6 | use, storage, and
manufacture of hazardous materials , | ||||||
7 | including, but not limited to, lithium-ion batteries, with the | ||||||
8 | following exceptions:
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9 | (a) No hazard signage system or State placarding | ||||||
10 | requirements shall
apply to the use, storage,
or | ||||||
11 | transportation of a hazardous material that is located on a | ||||||
12 | farm and that is used solely for agricultural
purposes. It is | ||||||
13 | not the purpose of this Section to exempt the owner of
an | ||||||
14 | agricultural hazardous material from reporting an accident | ||||||
15 | involving
the material as required in Sections 7 and 7.01 of
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16 | this Act, nor is it the purpose of this Section to exempt from | ||||||
17 | the
placarding requirements the storage, transportation or | ||||||
18 | manufacture of a
hazardous material that is an agricultural | ||||||
19 | material when the material
is in the possession of the | ||||||
20 | manufacturer, distributor, dealer, retailer
or any other | ||||||
21 | person who handles the material in larger quantities than
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22 | those designed for consumer use or for any purpose other than | ||||||
23 | its
intended agricultural usage.
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24 | (b) (Blank).
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25 | (c) No placarding requirements or hazard signage | ||||||
26 | requirements
adopted pursuant to this Act shall apply to |
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1 | pipelines or
meters involved in the transmission of natural or | ||||||
2 | flammable gas by a
public utility as defined in the Public | ||||||
3 | Utilities
Act.
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4 | (d) This Act does not authorize the Department to require | ||||||
5 | any
placarding system for transportation of hazardous | ||||||
6 | materials that is
inconsistent with any placarding system | ||||||
7 | required by Federal law or
regulation, nor does it authorize | ||||||
8 | the Department to require any
placarding system or other | ||||||
9 | standards for transportation of hazardous
materials that is | ||||||
10 | more stringent than any placarding system or
standard required | ||||||
11 | by the federal law or regulations in situations where
a | ||||||
12 | federal placarding system exists.
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13 | (Source: P.A. 90-449, eff. 8-16-97.)
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14 | (430 ILCS 50/5.11)
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15 | Sec. 5.11. Units of local government; hazard signage | ||||||
16 | systems.
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17 | (a) A unit of local government may adopt ordinances or | ||||||
18 | regulations
requiring a hazard signage system applicable to | ||||||
19 | equipment, facilities,
structures, or locations involved in | ||||||
20 | the use, storage, or manufacture of
hazardous materials , | ||||||
21 | including, but not limited to, lithium-ion batteries . The | ||||||
22 | hazard signage system (such as, but not limited
to, the | ||||||
23 | National Fire Protection Association standard "NFPA 704"
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24 | system as
specified in its Standard System for the | ||||||
25 | Identification of the Fire Hazards of
Materials for Emergency |
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1 | Response) shall be consistent with any such
signage required | ||||||
2 | by federal law or regulation.
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3 | (b) An ordinance or regulation adopted by a unit of local | ||||||
4 | government
under this Section requiring a hazard signage | ||||||
5 | system may not take effect
sooner than 90 days after its | ||||||
6 | adoption by the unit of local government.
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7 | (c) A home rule unit may not regulate hazard signage | ||||||
8 | systems in a
manner inconsistent with the regulation of those | ||||||
9 | systems by the State under
this Act or by the federal | ||||||
10 | government. This Section is a limitation under
subsection (i) | ||||||
11 | of Section 6 of Article VII of the Illinois Constitution on the
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12 | concurrent exercise by home rule units of powers and functions | ||||||
13 | exercised
by the State.
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14 | (Source: P.A. 90-449, eff. 8-16-97.)
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15 | (430 ILCS 50/6) (from Ch. 127, par. 1256)
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16 | Sec. 6.
It is the responsibility of any person who leases, | ||||||
17 | operates
or controls any facilities, equipment, structures, or | ||||||
18 | locations
for the use, storage,
or manufacture of hazardous | ||||||
19 | materials , including, but not limited to, lithium-ion | ||||||
20 | batteries, to display on such facility,
equipment, structure, | ||||||
21 | or location appropriate hazard
signage as described and in | ||||||
22 | such manner as provided by regulation
promulgated pursuant to | ||||||
23 | Section 5 of this
Act or as provided by ordinance or regulation | ||||||
24 | adopted by a unit of local
government pursuant to Section | ||||||
25 | 5.11.
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1 | (Source: P.A. 90-449, eff. 8-16-97.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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